HomeMy WebLinkAboutCC Resolution 8106 (MSS Settlement)RESOLUTION NO. 8106
A RESOLUTION APPROVING SETTLEMENT OF ANTI-TRUST
LITIGATION BY MARIN SANITARY SERVICE, AGREEING
THAT 1/3 OF THE COST OF SETTLEMENT SHALL BE CHARGEABLE
AS A COST OF GARBAGE SERVICE, SPREAD OVER TWO YEARS,
AND AGREEING THAT DEBRIS BOX RATES OF GRANGE DEBRIS BOX
AND WRECKING COMPANY, INC. BE REGULATED TO THE SAME
EXTENT AS DEBRIS BOX RATES OF MARIN SANITARY SERVICE, INC.
WHEREAS, Grange Debris Box and Wrecking Company, Inc.
filed suit against Marin Sanitary Service, Inc. and others in
Marin Superior Court case number 130030; and
WHEREAS, at the request of the parties, Frank
Solomon, Jr. was appointed mediator of this suit by Marin
County Superior Court; and
WHEREAS, after extensive efforts over several months,
a settlement was reached between most of the parties through
the efforts of the court appointed mediator; and
WHEREAS, this settlement, to become effective,
requires the approval of San Rafael as well as Bankruptcy Court
and Superior Court; and
WHEREAS, this settlement, to become effective,
requires the approval of San Rafael that 1/3 of the cost of the
settlement be charged to garbage service customers and 1/3 be
charged to debris box customers and also requires that, to the
extent casual debris box service rates are regulated by this
agency, such rates be regulated as to Grange Debris Box and
Wrecking Company, Inc. as well as to Marin Sanitary Service,
Inc.; and
WHEREAS, failure to approve the settlement would be
very expensive to Marin Sanitary Service, Inc. in terms of
litigation costs, management time, and otherwise and would
expose Marin Sanitary Service, Inc. to significant risk of
major loss to the detriment of the ratepaying public.
NOW, THEREFORE, BE IT RESOLVED by the San Rafael City
Council that the settlement heretofore filed with the Marin
Superior Court and with the United States Bankruptcy Court for
the Northern District of California between Grange Debris Box
and Wrecking Company, Inc. and Marin Sanitary Service, Inc. and
heretofore approved by both these Courts be, and hereby
approved. 'iGiNAI
Vee
BE IT FURTHER RESOLVED that the provisions of the
settlement relating to spreading the cost of settlement, 1/3 to
debris box service, 1/3 to garbage service, and 1/3 to company
profits otherwise allowable, be and hereby are approved, with
such costs being allocated 50% to calendar 1990 and 50% to
calendar 1991.
BE IT FURTHER RESOLVED that to the extent that San
Rafael regulates the rates of Marin Sanitary Service for casual
debris box service, such casual debris box service rates of
Grange Debris Box and Wrecking Company, Inc. shall also be
regulated.
I, JEANNE M. LEONCINI, Clerk of the City of San
Rafael, hereby certify that the foregoing resolution was duly
and regularly introduced and adopted at a regular meeting of
the Council of said City on TUESDAY , the 16TH day of
JANUARY , 19901, by the following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Brei ner, Shippey, Thayer & Mayor Mul ryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEANNE M. LEONCINI, City Clerk